1.1 This Agreement.

1.2 Entire Agreement.

i. the rules which govern the different types of transaction which can be engaged in using QXL Service ("Transactions"), called our Transaction Rules, ii. our Privacy Policy, and iii. any terms and conditions or rules of use referred to in clause 2.2.

Together we intend these to contain the whole of the agreement between QXL and you concerning the QXL Service and Transactions, replacing all earlier agreements and understandings with you.

1.3 Changes to this Agreement.

1.4 Place of Performance and Applicable Law.

i. QXL is a company registered in England with registered office at The Matrix, 91 Peterborough Road, London SW6 3BU, England and a VAT number of GB 701 8915 43.

ii. This Agreement and each Transaction shall be governed by English law. Every Transaction shall be deemed performed in England and Wales .

iii. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement or any Transaction.

•  Your Email Address

Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. If you change email address, then you must inform us of the new address through your “My Account” page when you are logged in to the QXL Service.

2.1 QXL service in Other Countries.

Each time you use a QXL service which is aimed at another country (available for example, through QXL.dk, QXL.no, etc) your use of that QXL service will be governed by the terms and conditions which apply to that QXL service. Those terms and conditions will be stated in the local language, and will be different from those contained in this Agreement, reflecting the different laws and practices in that country. In particular, there may be significant variations in what may legally be bought and sold in different countries. By using those other country-specific QXL services, you effectively agree to the terms and conditions which apply to them. If you have questions about the different terms and conditions which apply to those other country-specific QXL services, then you can contact us for more information. You should note, however, that if you create a listing for a Transaction (a "Listing") on a QXL service aimed at another country, you will be subject to the fees (see clause 7.1) which would apply if that Listing appeared on the QXL.com site. Similarly, if you are registered with a QXL service aimed at another country and create a Listing on the QXL.com site, you will be subject to the fees which would apply if that Listing appeared on the site for that QXL service. There may also be some conditions surrounding these kind of Listings contained in the relevant Transaction Rules.

2.2 Additional Services.

QXL or its affiliates may offer non-Transaction services or benefits ("Other Services") to Members through the QXL Service from time to time. Your use of those Other Services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the QXL Service, any failure by you to comply with a material provision of the terms or rules governing our Other Services will amount to a material breach of this Agreement.

3.1 Registration.

You undertake to register for the QXL Service using your correct name, address and any other requested details. For the purposes of a proposed Transaction, you may be asked to enter details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card both at the time when you enter its details and when you seek to use it, and (b) you have available sufficient funds to cover all charges incurred on it in the course of your activities on the QXL Service. If any of the information you enter becomes incorrect or is superseded, then you must notify QXL with the corrected information in the Member Service area of this site.

3.2 Other conditions.

To enter into any Transaction, you must be legally able to enter into contracts for sale or purchase of the Items in question.

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5.1 Transaction Rules.

On the QXL Service you have the opportunity to participate in Transactions, which are governed by our Transaction Rules.

The methods of participating in, and rules governing, Transactions are set out in the Transaction Rules. You must ensure you understand the way Transactions work on the QXL Service - by reading and understanding the Transaction Rules - before you participate in any Transactions. As we develop the services we offer, we may change our Transaction Rules from time to time, both to add to (or delete) specific types of Transaction, or to alter the way that individual Transactions are conducted. Therefore, you should keep up-to-date with the content of our Transaction Rules.

6.1 Relevant Content.

The content of statements posted by sellers (that is, people who post something for sale in a Transaction), whether in their Listings or otherwise, or by buyers, must be directly relevant to the subject-matter of the Transaction, and not relate to anything else. For example, such statements must not be used as a means of general communication with one or more other Members and may not be used to advertise or promote anything which is not the subject of the specific Transaction. If you include a hypertext link to another site in a Listing, the linked site must satisfy this relevancy test; but in any event you acknowledge that we will be entitled to remove, or require the removal of, any such links at our discretion.

6.2 Member Ratings.

In our Member Ratings service, Members can comment upon the service they have received from other Members in certain types of Transaction. You may only rate Members to whom you have sold Items or from whom you have bought Items. All such ratings must be accurate and fair, and must comply with the requirements of clause 6.5 below.

6.3 Seller's legal ownership.

By including any subject-matter in a Listing (an "Item"), you assert that you are legally entitled to pass ownership in that Item.

6.4 Accuracy of Listing.

You must accurately describe each Item in the Listing you provide for inclusion on the QXL Service and you are liable for any errors or omissions in your description. Any brand name or other indication of origin or manufacture which you include in the Listing must be completely accurate, and not capable of misleading any Member.

6.5 Prohibitions.

As the seller, you are responsible for ensuring that the sale of any Item, the Listing itself, and all activity or communication (including any posting of a Member Rating) you make in connection with any Transaction will not be capable to be seen as (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) being offensive, threatening, abusive, insulting, defamatory, obscene, pornographic, false, unreliable or misleading.

6.6 Specific Prohibited Items.

By way of expansion upon clause 6.5 above (but without limiting its content), unless you have QXL's specific consent to do so, you must not endeavour to buy or sell, or advertise for sale in a Listing, any of the items in our Prohibited items page which we will update from time to time.

6.7 Correct Use of Categories.

You must place a Listing only in the QXL Service category into which the Item in question naturally fits (and not in any other categories). Where appropriate, and subject to the possible payment of additional charges which may be notified to you at the time, you may be permitted to place a Listing in more than one such category.

6.8 Seller's Terms and Conditions.

It is the seller's obligations to communicate to actual or potential buyers all of the contractual terms and conditions which apply to any Transaction.

6.9 QXL Intellectual Property.

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the QXL Service are owned by QXL (or its affiliates). You must not use any of those intellectual property rights, or the QXL Service, except to the extent necessary to create Listings, engage in Transactions, and conduct other authorised activities, in the manner anticipated in this Agreement. When reporting an item for suspected breach of Intellectual Property please use the report item link available on all auctions.

6.10 No Right of Cancellation.

The service we provide to sellers is the posting of their Listings on the QXL Service. We will do this promptly upon receiving a Listing in the form we prescribe. You agree to this, and accordingly acknowledge that you have no right to cancel a Listing during the cooling-off period that is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000, or any equivalent or successor legislation.

7.1 Fees.

i. The seller agrees to pay to us the fees we specify for Listings, for their promotion on the QXL Service (if such promotion is requested by the seller), and for Transactions. Details of our fees are contained, or referred to, in the Transaction Rules. You acknowledge and agree that QXL is entitled to alter the amount or the basis of the calculation of its fees from time to time, provided that such amount or basis is clearly stated at the time when the relevant Listing is created. If you are a visitor from another country-specific QXL service (such as those at QXL.dk, QXL.no, etc) where you are registered, by placing a Listing on QXL.com, you agree that if the country-specific QXL service where you are registered includes that type of Listing, the fees which will apply to the Listing will be those charged by that country-specific QXL service.

ii. Fees payable for Listings will not under any circumstances be rebated or refunded to the seller.

iii. We may add new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be specified at the time such service is made available.

iv. If the seller does not pay fees on time, we may suspend or terminate (at our discretion) QXL Service provided to you; and/or we may charge late payment fees and collection costs of £5.00.

7.2 Tax.

The prices of all Items must be inclusive of VAT (where VAT is applicable), unless otherwise stated.

QXL's Role

8.1 QXL's Role.

QXL is not a party to any Transactions, and only provides the technical means, and a venue, for Transactions to be initiated or conducted. We are not the seller or supplier of any of the goods or services referred to in Listings, and thus do not have any of the legal obligations that may apply to the sellers of those goods or services. QXL is not and cannot be responsible for the behaviour of, or the Items offered for sale or supply by, the seller - whether the seller is an individual or a business.

QXL has no control over or responsibility for the quality, safety, or legality of Items, the truth or accuracy of Listings, whether the seller can or will supply and pass good title to any Item, or whether purchasing Members can or will pay for them. QXL does not pre-screen Listings or Items included in them. Also, QXL cannot and does not control the completion or validity of Transactions; even though Members are prohibited from doing so, some may provide information, or otherwise behave, in a way that is unreliable, illegal, or in breach of a Members' obligations under this Agreement. Therefore, you should exercise no lesser degree of caution in entering into Transactions - whether as a seller or buyer - than you would exercise when entering into a similar transaction offline.

8.2 Unavailability of the QXL Service.

We do not guarantee uninterrupted, continuous access to the QXL Service; you acknowledge that there may be times when the QXL Service becomes unavailable, whether on a scheduled or unscheduled basis, and that we will not be liable to you for that unavailability.

8.3 Withdrawal of Listings/Transactions/services.

Each Member acknowledges that we are entitled, but not obliged, to withdraw any Listing or Transaction which appears - based on information received from third parties or other Members - to be in breach of this Agreement. We also reserve the right to withdraw Listings, to close Transactions early, to extend them, or to terminate entire services, where we have other compelling legal or technical reasons to do so (including technical difficulties experienced by QXL or on the Internet). Where reasonably practical, we shall provide reasonable advance notice to you of any such steps QXL is to take.

8.4 Misuse of the QXL Service.

QXL reserves the right to suspend or terminate any Member's account which is or appears to us to be in persistent or material breach of this Agreement (including, without limitation, through the provision of false registration details or other misuse of QXL Service), and to suspend or withdraw all Listings and Transactions associated with such accounts. QXL will issue an email to the relevant Member at the first instance and reserves the right to charge the Member's account £20 in respect of each such notification email. Any person who holds a suspended or terminated account must not re-register for QXL Service without our prior consent.

8.5 Checks of Listings.

QXL may from time to time, but has no obligation to, check whether items in any Listing are suspected to have been stolen or of being sold illegally, based on checking against databases maintained by QXL or third parties, law enforcement authorities, or historical data available to QXL.

Concerns about Listings.

Each page where a Listing appears includes a facility for reporting to us legitimate concerns you may have about that Listing - in particular, that the Item(s) appearing there may infringe legitimate intellectual property rights, or other applicable laws. We encourage Members to use that facility.

QXL's Liability

9.1 QXL's Liability.

To the extent that the law permits, you release QXL, its agents and employees from all liability arising out of or in connection with any Listing or Transaction, including (without limitation) all claims and demands relating to Listings, uncompleted or completed Transactions, or Items offered for sale or supply, or actually sold or supplied, through or in connection with any Listing or Transaction.

9.2 Reasonable control.

QXL shall not be liable for any failure to perform its obligations under this Agreement caused by matters beyond its reasonable control.

9.3 Maximum liability.

Without limiting the preceding clause, the liability of QXL under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £500, or (b) an amount equal to the sums paid or payable by or to you in the Transaction(s) to which such liability relates, regardless of the cause or form of action.

9.4 Excluded liabilities.

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise).

9.5 Non-excluded Liabilities.

Nothing in this Agreement limits QXL's liability for death or personal injury resulting from QXL's negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

9.6 Indemnity.

You agree to indemnify QXL against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through your QXL account.

10.0 OTHER.

10.1 Assignment.

QXL reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If we exercise this right, we shall name the assignee or subcontractor on the main screen (www.qxl.com) and you will be entitled to terminate this Agreement immediately. You may not, without the written consent of QXL, assign or dispose of this Agreement.

10.2 Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

10.3 Keeping this Agreement.

We don't separately file the individual Agreements entered into by Members when they register for the QXL Service. You can access it at www.qxl.com . Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.

10.4 Language of the Agreement.

This Agreement is offered in the English language. The agreements that governs use of QXL services that are aimed at other countries are offered in the languages of those country-specific QXL Services.

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QXL Transaction Rules

These Transaction Rules should be read in the context of the QXL Terms and Conditions (the "QXL Ts and Cs"). If there are any inconsistencies between them, then the QXL Ts and Cs, which express your rights and obligations more completely, will take precedence over these Transaction Rules. Terms used in these Transaction Rules have the meaning given to them in the QXL Ts and Cs.

2. Bids

Except as stated below, bids placed in all Auctions will be binding. This means that if a bid is placed in an Auction through your QXL account (whether by you or someone who uses that account), the bid may not be withdrawn and is legally binding on you. If your bid is successful, a contract is automatically created between you and the seller when the Auction closes. Bids entered during the final two minutes will result in the auction being extended 5 minutes.

You must not bid in a way that is manipulative of an Auction. In particular, if you are the seller, you may not bid in your own Auction, whether through your own QXL account, or through another Member's account.

Owing to the vagaries of internet connectivity, it is the receipt by the QXL system of the relevant bid which will constitute the bid, not the despatch of the bid from the Member's computer or other device. QXL will use its reasonable endeavours to process bids which are placed, but does not guarantee that each individual bid will necessarily be submitted.

3. Listings

The placement through your QXL account (whether by you or someone who uses that account) of a Listing of any Items for inclusion in an Auction, becomes legally binding, and may not be withdrawn or changed, after the first bid in that Auction is placed.

Nonetheless, as we state in the QXL Ts and Cs, there may sometimes be circumstances in which we will withdraw a Listing, even during the course of an Auction, which appears to be in breach of those Ts and Cs or these Transaction Rules. In that event, we will inform the seller and, sometimes, where an Auction is being conducted based on that Listing, one or more Members participating in that Auction, of the withdrawal in question.

4. Currency

Each Auction is conducted in a single currency, selected by the seller in the course of creating the relevant Listing, and amounts due are payable in that currency. For your guidance, QXL may provide conversions into other currencies based on the latest information available to it.

While QXL makes reasonable efforts to ensure the accuracy of these conversions, the actual cost to a buyer in his/her own currency will vary according to the exchange rate applied by the buyer's bank or by the issuer of the buyer's credit or charge card. QXL does not take responsibility for any variance between this cost and the quoted conversion figure.

5. Fees

The following fees are payable by Sellers:-
(a) if the seller opts to take one or more of QXL's Promotional Package for a Listing, the relevant Promotional Package fee(s) - details of which are available here; and (b) a Success Fee, which is a fee for each Auction for which a winning bid is achieved - details of our Success Fees are available here

After the Auction has closed, after the winning bid has been submitted or after such other event that triggers payment as stated here, we will charge the relevant fees to the seller, using the details we hold for the seller. We reserve the right to charge accumulated fees on a monthly or other regular basis.

Promotional Package Fees will not under any circumstances be rebated or refunded to the seller.

Success Fees will not be rebated or refunded, unless the seller shows to our reasonable satisfaction both (a) that the sale of the Item which was the subject of the Auction failed to complete, and (b) that the failure of the sale to complete did not result from any lack of diligence or breach of its obligations by the seller.

6. Types of Bids in Auctions

There are two different ways to participate, as a buyer, in an Auction:

(a) An Auction bid. This is the typical method of participating in an online or offline auction, where the highest bid received at the end of the auction will succeed, provided that bid exceeds the reserve price and any other criteria which apply to the Auction. One way of placing these bids is to use our Auto Bid function, which allows bids to be placed automatically, using standard bid increments.

(b) In some Auctions, Members can alternatively make a Buy Now! purchase. This will only be possible where the seller has specified the price (we call it the "Buy Now! price") for which he/she will sell the Auctioned Item outright - as an alternative to waiting to sell to the member who has made the highest bid at the scheduled close of the Auction. Thus a Buy Now! "bid" is, in fact, an agreement on the part of the buyer to purchase the relevant Auction Item for the Buy Now! price. It is not a bid which can be exceeded by another person's bid. Indeed, once a Buy Now! bid is made, the Auction for the relevant Item will close (but see below for what happens where there are multiple Auction Items), and no other Auction bidding on that Item will be possible.

Please read on to find out more about how our Auctions, and these different ways of participating in them, work.

7. Auction Procedures

Auctions will generally continue until a specified time, often several days after the start of the Auction. If the reserve price is exceeded, and unless a Buy Now! purchase has been made of the Auctioned Item (see below), it is the highest bid which has been received at the scheduled end time of the Auction which will succeed. We apply Transaction Rules of price first, time second. Some details:-

(a) The person who bids the highest price wins - as long as that highest bid is equal to or higher than the reserve price the seller has set. The reserve price is the minimum price the seller is willing to accept for the Item.
(b) Once a Buy Now! purchase is made of an Item, then the Auction of that Item will close - or, where there are multiple Auction Items, the number of Items Auctioned will be reduced by the number for which a Buy Now! purchase has been made. If a Buy Now! purchase is made, then all other bids for the Auction Item in question will lapse. The previous highest bidder for the Auction Item in question will be notified by email that the Item has been sold to a Buy Now! purchaser.
(c) If there is a tie as to the price bid, then the first bid to be received on the QXL system wins.
(d) If more than one attempt to Buy Now! is made for any Auction Item, then it will be the first such Buy Now! purchase received by the QXL system which will succeed.
(e) If there are two or more Auction Items, each of which is subject to separate bidding, and a Buy Now! purchase is made of one of them, then (a) it will be the Item with the lowest then-current bid, or (b) if more than one Auction Item has the same then-current bid, the Item with the most recent bid, which will be deemed to have been bought by the Buy Now! purchaser. The QXL Member who made that bid will be notified by email that the Item has been sold to a Buy Now! bidder; that bid (and all others for the Item in question) will have lapsed.

Three examples:-

• An Auction without Buy Now!. Let's say an Auction has a scheduled end at 4.00pm on a certain day. If the highest bid at that time is £30 (and the reserve price is less than that), then the £30 bid will be the winning bid. If there are two bids of £30, then the first £30 bid to be received by the QXL system will be the winning bid.
• An Auction (single Auction Item) with Buy Now!. Let's say an Auction has a scheduled end at 10.00pm on a certain day, and at 2.00pm the highest bid is £20. At 3.00pm, a bidder wishes to bid £25 - which equals the Buy Now! price specified by the seller. If this bidder proceeds to confirm his/her Buy Now! purchase, then the Auction will promptly close (before the scheduled end time of 10pm), because the Auction Item in question will have been sold to the Buy Now! purchaser.
• An Auction (multiple Auction Items) with Buy Now!. Again, let's say an Auction, this time with three separate Auction Items, has a scheduled end at 10.00pm on a certain day. By 2.00pm two of the Auction Items have obtained a bid of £20, but the highest bid on the other Auction Item is only £18. At 3.00pm, a bidder wishes to bid £25 - which equals the Buy Now! price specified by the seller. If this bidder proceeds to confirm his/her Buy Now! purchase, then this Buy Now! purchaser will have agreed to purchase the Item with the previous highest bid of £18, leaving the other two Items in the Auction. The person who had bid £18 for that Item will be informed of the fact by email, and (if the Auction(s) for the other similar Items have not yet closed) may have the opportunity to bid for those Item(s).

Auto Bid.
Bidders should be aware that in any particular Auction, updated bids from members who use the Auto Bid facility will be deemed to have been made at the same date and time when their first bid in that Auction was received by the QXL System. This rule is particularly important in a multiple Item Auction, in determining which particular Item has been purchased by a Buy now! bid (where the Items are subject to bids at the same price). So, to continue with the last example above, the two remaining Auction Items currently have bids of £20 for each of them. Let's say that one of those is an updated Auto Bid, originally placed at the £10 level (which we'll call the "Original Auto Bid"), and that the other is not an Auto Bid (we'll call this the "Direct Bid") and was placed after the Original Auto Bid. If a further Buy Now! sale is made by an Auction bidder, then the new Buy Now! purchaser will have agreed to purchase the Item for which the Direct Bid was made - because the Auto Bid is treated as having been made at the time the Original Auto Bid was placed, ie before the £20 Direct Bid was made. The Direct Bidder will be informed of the sale by email, and (if the other Auction has not yet closed) may have the opportunity to bid in that Auction.

8. General Transaction Rules

Members should be aware of the following general rules.

Auctions will often be subject to a seller's reserve price, which may be higher than the starting price.

(a) In the absence of a Buy Now! purchase being made, the winning bid in any Auctions will be the highest bid which exceeds the reserve price (if any) and meets any other express conditions of the relevant Auction.
(b) QXL reserves the right, with or without notice to the bidder/seller, to remove any bid which appears to QXL to be frivolous or to breach these Transaction Rules or the QXL Ts and Cs.
(c) If a bid is followed by a higher bid by another bidder that is later removed by QXL for any reason during the course of an Auction, the seller is entitled to accept the lower bid.
(d) However, all unsuccessful bids lapse after closure of the relevant Auction, or a Buy Now! purchase being made for the Auction Item in question.

9. Some Specific Transaction Rules for Sellers

As a seller in any Auction on the QXL Service, you have certain obligations:

• You will provide a Listing, which must be accurate and legal;
• You must be entitled to sell, and provide to the buyer, the Items you are putting up for Auction;
• You must accept that you are bound by the Listing to sell the Items which are the subject of the Auction - unless you are a Merchant Partner and have an agreement with QXL which permits you to accept non-binding bids - if a bid exceeds the Auction reserve price or meets the Buy Now! price you have provided; and
• You must not try to sell any prohibited Item, as specified in the QXL Ts & Cs and the FAQ Homepage, which we will update from time to time.

You should only place a Listing for an Auction on a country-specific QXL Service where you are registered with QXL and where the Items which you are putting up for Auction are based unless there is a legitimate commercial justification for placing your Listing on a QXL Service aimed at another country (for example through QXL.dk, QXL.no, etc). QXL reserves the right to remove a Listing if it appears that there is no such justification.